Bill Text: NY S05179 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the adjudication of parking infractions.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S05179 Detail]

Download: New_York-2017-S05179-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5179
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 10, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to the  adjudi-
          cation of parking infractions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivision 2 of section 240 of the  vehicle  and  traffic
     2  law is amended by adding a new paragraph h to read as follows:
     3    h.    (i) in every instance, the state of New York mandatory surcharge
     4  shall be paid by the respondent or operator  unless  a  hearing  officer
     5  dismisses the notice of violation;
     6    (ii) a notice of violation shall only be reduced or dismissed with the
     7  express written determination of a hearing examiner upon completion of a
     8  hearing based specifically on the merits presented by the respondent for
     9  each violation a respondent is charged with;
    10    (iii)  when  a respondent or operator is issued a notice of violation,
    11  the respondent or their representative shall be given the opportunity to
    12  exercise the option to have a hearing on the merits on a ticket by tick-
    13  et basis; and
    14    (iv) the hearing examiner shall write out his or her determination and
    15  the actual basis in law for his or her particular rationale for a guilty
    16  or not guilty decision, so respondents are  fully  informed  as  to  the
    17  basis for the underlying decision and from which the respondent may take
    18  an  appeal.  The  respondent or his or her representative may waive this
    19  requirement on a ticket by ticket basis, on  the  record,  by  doing  so
    20  orally or in writing.
    21    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09701-01-7